What Happens if a Parent Moves with a Child Without Permission?

 Posted on November 13, 2025 in Child Custody

When parents share custody in 2025, neither can just pack up and move a child without following certain legal procedures. In Wisconsin, moving a child without permission is a serious violation of state custody law and can lead to losing placement (visitation) rights or even criminal charges.

At John T. Fields & Associates, LLC, our Rock County child custody attorney takes an aggressive approach to protecting parents whose custody rights have been violated. Call us today if your ex is trying to move away with your children.

Wisconsin’s Child Relocation Rules

Under Wisconsin Statute §767.481, a parent who wants to move more than 100 miles from the other parent’s home must give written notice to both the court and the other parent. The notice has to include:

• The proposed new municipality and state

• The date of the move

• The reason for the relocation

• A suggested new placement (visitation) schedule

After receiving notice, the other parent has to file an objection at least five days before an initial hearing. In the hearing, the court will decide whether the move is in the child’s best interests.

If a parent moves without filing the notice or getting court approval, the court can order the child’s immediate return and change custody or placement to prevent future violations.

What Happens if a Parent Moves Their Child Without Permission?

Moving a child without permission violates both the custody order and Wisconsin law. The police may get involved to return the child, and the parent who moved could lose placement rights or be held in contempt of court. In severe cases, prosecutors can file interference with custody charges, which is a criminal offense.

How Courts Decide Whether to Allow a Parent to Move a Child After Divorce

When a parent requests permission to relocate, the judge must decide if the move serves the child’s best interests. Parents can obviously have different ideas about what a child’s best interests are and how they are best served, so how does a court decide? By looking at several factors – especially at how the move would affect the child’s relationship with each parent. Courts will also want to know the distance of the move and how much travel placement would involve. They also want to see that the reason for the move makes sense and is not an effort to separate a child from their other parent. The Court prefers arrangements that keep both parents involved as much as possible.

What to Do if Your Ex Moves Your Child Without Your Consent

If your child’s other parent has moved without permission, act immediately. Contact a family law attorney to file a motion with the court. Judges can issue emergency orders requiring the child’s return, and they may also change custody or placement to prevent future problems.

Keep records of messages, travel dates, and any proof that your ex left without notice. Acting fast shows the court that you are serious about protecting your child’s stability and your legal rights.

Talk to a Madison, Wisconsin Custody Attorney

Custody disputes involving relocation can turn into major legal battles. If your ex has taken your child without permission, or if you are being accused of relocating unlawfully, contact a lawyer right away.

Call 608-729-3590 to speak with a Rock County child custody lawyer who will fight to protect your parental rights and enforce Wisconsin custody laws.